Regulations relating to Establishment, Operation and Disease

Regulations relating to Establishment, Operation and Disease-Prevention Measures
at Fish Farms (Operation and Diseases Regulations)
Issued by the Ministries of Fisheries and Agriculture on 18 December 1998 pursuant to Sections 1, 3, 4,
5, 9, 10, 11, 13, 14, 17 and 20 in Act No. 68 of 14 June 1985 relating to the breeding of fish, shellfish etc.
and pursuant to Sections 1, 5, 14, 16, 18, 22, 23, 24, 29 and 30 of Act No. 54 of 13 June 1997 relating to
measures to counteract diseases in fish and other aquatic animals (the Fish Diseases Act). Last changes
issued by the Ministries of Fisheries 20 December 2001 and enter into force 1 January 2002.
CHAPTER I. INTRODUCTORY PROVISIONS
§ 1 Scope
These regulations apply to the establishment and operation of all types of fish farms with the
exception of the types of farms that are governed by special regulations.
§ 2 Definitions
"Medicinal products" are understood to mean products as defined in Section 2 of Act No. 132 of 4
December 1992 relating to medicinal products etc. and to amendments to certain other acts following
from the EAA Agreement.
"Disinfectants" are understood to mean any chemical which is intended for use in the work of
counteracting or preventing infectious diseases in aquatic organisms, with the exception of substances
which are regarded as medicinal products.
"Aquaculture animals" are understood to mean aquatic animals originating from or on their way to
an aquaculture establishment.
"Freshwater fish" is understood to mean all fish which live or can live for the whole or parts of
their lives in freshwater.
"Anadromous" salmonids are understood to mean salmonids which migrate between the sea and
freshwater and which are dependent on freshwater to reproduce, as well as the eggs and young of such
fish.
"Net depth" (actual depth per unit) is understood to mean the distance from the waterline rope
down to the bottom rope, ref. net manufacturer's specifications.
"Production unit" is understood to mean a sea cage.
§ 3 General requirements regarding establishment and operation
Fish farms shall be established and operated in accordance with the requirements set forth in the
licences and relevant rules and in other respects in such a manner that they are technically, biologically
and environmentally acceptable.
CHAPTER II. ESTABLISHMENT
§ 4 Location, marking etc.
Fish farms shall be established in conformity with the descriptions, drawings and enclosed maps
referred to in the licence. Floating installations shall be anchored to prevent them from becoming a danger
to ordinary traffic.
Floating installations shall be equipped with lights. The lights must not have a blinding effect on
ordinary traffic. The installation's extremities shall be equipped with flashing, yellow lights. Orange or
yellow buoys or poles shall be used for daytime marking.
Floating installations shall be marked with the licence number on an approved sign which is visible
from the sea and other natural approaches to the farm. The sign shall be white with black letters/digits.
The height of the letters/digits shall be25 cm. The line thickness shall be at least 4 cm. The letters/digits
shall be spaced at least 8 cm apart.
When more than one farm is located in the same place, the site shall be marked with all the licence
numbers. In these cases, each production unit must also be marked with the licence number, but the
design and size of digits and letters is left to the individual fish farmer.
§ 5 Requirements regarding type approval etc.
The Ministry may issue regulations regarding the need for type approval etc.
§ 61 Facilities for acceptable storage of dead aquatic animals
Installations for the breeding of fish or other aquatic animals must have a container or other facility
for acceptable storage of dead aquatic animals or parts of these. The capacity shall be in reasonable
proportion to the installation's production and cleaning routines.
§ 7 Duty to give notification of actual establishment etc.
The regional office of the Directorate of Fisheries shall be informed when new sites are put to use
and when production ceases. This duty to give notification also applies to the extension of existing sites.
CHAPTER III. OPERATION
§ 8 Management plan
The licence holder must ensure that a management plan is drawn up for the fish farming operations.
The plan shall give an account of operations for the next two calendar years and must be submitted
to the Directorate of Fisheries' regional office before 15 December of the present year.
The management plan shall be approved by the Directorate of Fisheries' regional office in
consultation with the Norwegian Animal Health Authority - the chief county veterinary officer.
At a minimum, the plan must state:
- which sites are going to be stocked with aquaculture animals and when stocking will take place
- which sites are going to be left fallow and how long they will remain fallow.
If any significant changes are made in the current management plan, it shall be reapproved by the
Directorate of Fisheries' regional office. Significant changes would, for example, be changes in the
circumstances mentioned in the fourth paragraph.
§ 9 Keeping records
The licence holder shall keep records in order to be able at all times to document having a
systematic overview of fish farming operations. These records shall be kept at the farm for at least five
years and must be produced on request during inspection by the bodies so authorised by these regulations.
1.
1
(Records at licence, site and unit/sea cage level):
See also separate conditions in discharge permit pursuant to the Pollution Control Act and the Ministry of
Environment's Regulations dated 5 September 1995 relating to waste management and the Ministry of
Agriculture's Regulations dated 13 July 1994 concerning the transport of animal waste and establishments which
handle animal waste.
1.1
1.2
1.3
1.4
1.5
1.6
2.
2.1
2.2
2.3
2.4
2.5
2.6
For each calendar month, the following information shall be recorded for each licence, site and
unit/sea cage:
Stocking and stocks of aquatic animals - number of individuals, species, origin, stocking time and
average weight (live weight)
Fish density - number of kg of fish per cubic metre (live weight)
Actual depth of the unit (net depth)
Consumption of fish feed - number of kg consumed, type of feed (dry feed and wet feed/soft feed),
type of fish meal, feed manufacturer and brand of feed.
Escapes - reason for escape, time of escape, number of escaped fish, their average weight and state of
health. Notification to the Directorate of Fisheries' regional office and date when this was done.
Slaughter quantity (slaughtering weight) and quantity of dead/dying fish taken up. Information about
quantity must specify the number of individual fish and total weight in kg.
(Keeping records at licence and site level):
For each calendar month, the following information shall be recorded for each licence and site:
State of health of aquatic animals - in the event of disease, records shall be kept of diagnoses, who
made them (fish health service/veterinarian), diagnostic tests carried out (public/private laboratory),
treatment/methods of treatment carried out etc.
Number of lice on salmonids during the months when lice counting is required. Counting is carried
out using the method recommended by the Norwegian Animal Health Authority.
Consumption of medicinal products - type of medicinal product, name of product, quantity and
treatment period.
Consumption of chemicals - type of chemical, name of product, quantity and consumption period.
Catches made during fishing for monitoring purposes - number of fish, distribution of size, total
weight and distribution of species.
Catches made during recovery fishing - number of fish, distribution of size, total weight and
distribution of species.
3.
(Keeping records at licence level):
For each calendar month, information about the following shall be recorded for each licence:
3.1 Handling and delivery of dead fish - method of handling, quantity delivered, delivery date and
recipient
3.2 Purchases of ready-made feed and fish meal - numbers of kg purchased. The information shall
specify type of feed (dry feed and wet feed/soft feed), type of fish meal, feed and fish meal
manufacturer, feed and fish meal specified by type of feed (dry feed and wet feed/soft feed), feed
manufacturer and brand of feed.
3.3 Consumption of net impregnating agents - type of chemical, name of product, quantity and
consumption period. Consumption of net impregnating agents need only be recorded if the licence
holder or his employees are themselves responsible for the impregnation.
§ 10 Health control and certificate of health and origin
Regular health control shall be carried out at fish farms. This control shall be carried out by a
professionally qualified person. The details of the control and the qualifications the specialist is required
to have can be found in the guidelines in force at any given time issued by the Norwegian Animal Health
Authority - Central Administration.
It is prohibited to hand over, receive, release or move live aquatic animals without a valid
certificate of health and origin on a form prepared by the Norwegian Animal Health Authority - Central
Administration. The supplier, carrier and recipient must keep a copy of the certificate of health and origin
that accompanies aquatic animals for the same time as, and along with, the farm records.
The moving of anadromous fish which have been exposed to sea water is not permitted
The second and third paragraphs do not apply when aquatic animals are going directly to
slaughtering and/or processing.
§ 11 Extraction and delivery of sexual products for use in aquaculture
If sexual products are to be extracted from aquaculture animals for use in aquaculture, the
operations at the fish farm in question must have been approved by the Norwegian Animal Health
Authority - the chief county veterinary officer.
The delivery of sexual products from an approved farm can only take place if a valid certificate of
health and origin on a form prepared by the Norwegian Animal Health Authority - Central Administration
is available for the products.
§ 12 Supervision etc.
As far as possible, an aquaculture establishment shall be inspected daily, and routine checks and
maintenance shall be carried out. The establishment shall be inspected immediately after bad weather.
§ 13 Requirements regarding hygiene etc.
At fish farms, the licence holder shall ensure cleanliness and conditions that are satisfactory from a
hygienic point of view.
The owner and others who work regularly at fish farms must use special working clothes and
footwear that is not used off the farm.
Equipment that is used elsewhere shall be disinfected before it is brought into the fish farm.
Disinfectant foot baths and overalls shall be available at the fish farm or at the point of departure
ashore for transport to the fish farm. The licence holder or other person responsible for the fish farm must
require visitors to disinfect their footwear and put on overalls before they are admitted to the fish farm.
§ 142 Washing and disinfection of cage nets and equipment etc.
Net pens and other equipment that are used in fish farming shall be washed and disinfected before
being moved to a new site.
The transport of used nets to net washing facilities shall be done in such a way that direct contact
with the sea or rivers or any runoff to these is avoided.
§ 153 Slaughtering and bleeding etc.
It is not permitted to slaughter and bleed fish at fish farms.
Fish that have been taken away for slaughtering must not be returned to the fish farm.
§ 16 Sales and moving of sick and infected aquatic animals
It is prohibited to offer for sale, sell, give away, purchase, accept, move or release live aquatic
animals when they are or may be suffering from an infectious disease or show visible signs of illness. It is
also forbidden to bring aquatic animals into any fish farm where infectious disease has been found or is
suspected.
§ 174 Handling of aquatic animals that are taken out of the production unit
2
See also Regulations dated 20 February 1997 issued by the Ministry of Agriculture concerning the cleaning and
disinfection of aquaculture establishments etc.
3
See also Section 4 of Regulations dated 14 June 1991 issued by the Ministry of Agriculture concerning diseaseprevention measures at fish slaughterhouses, processing plants etc.
4
See also the Ministry of Agriculture's Regulations dated 13 July 1994 concerning the transport of animal waste
and facilities which handle animal waste.
It is prohibited to dump dead aquatic animals or parts of such animals. It is also prohibited to free
aquaculture animals. This prohibition is no impediment to the granting of permits pursuant to the rules
regarding cultivation, sea ranging or research.
Dead or sick aquatic animals, waste originating from fish farming and used packaging shall be
regarded as infectious and handled in such a way that there can be no danger of spreading disease, and
also in a way approved by the Norwegian Animal Health Authority - chief county veterinary officer.
This means, among other things, that dead or dying aquatic animals shall be removed from the
production unit daily, insofar as this is possible. Dead fish shall be ground and preserved in acid and dealt
with immediately in accordance with the approved handling methods. The pH value of the finished silage
must not exceed 4.
§ 18 Covering the production unit
Production units shall be covered by a net or similar cover to keep birds out.
§ 19 Fish density in fish farms
Fish density per production unit shall not exceed 25 kg/m3. The volume is fixed on the basis of the
production unit's volume when the area limited by the buoyancy collar's inner edge is multiplied by the
actual depth of the production unit, see § 2, sixth paragraph, as it is recorded in accordance with § 9, 1.3.
The Norwegian Animal Health Authority - chief county veterinary officer may stipulate a lower density if
special circumstances so indicate.
The volume of fish per licence shall not exceed 65 tonnes/1,000 m3. The calculation is based on the
volume stated in the permit pursuant to Section 3 and Section 4, first paragraph, of the Act relating to the
breeding of fish, shellfish etc. Fish density per location shall nor exceed 65 tonnes/1,000 m3. The
calculation is based upon the volume pursuant to clearance of the individual fish farming site, measured
pursuant to regulation No. 808 of 17 August 1989 relating to the measurement of volume at fish farms.
The Director General of Fisheries may grant dispensation from the density requirement and the
requirement regarding the volume of fish when breeding concerns species other than salmon and trout and
in the case of enclosed farms and in other special cases.
§ 20 Fallowing to prevent disease
All fish farming sites must regularly be emptied and left fallow in line with the relevant guidelines
in force at all times issued by the Norwegian Animal Health Authority - Central Administration.
Against the background of information given in submitted management plans pursuant to Section
8, the Norwegian Animal Health Authority - chief county veterinary officer may order coordinated
fallowing of several sites.
§ 21 Handling of certain types of feed
Farmed fish or parts of such fish must not be used as feed for farm fish.
§ 22 Feed waste
When feeding, care shall be taken to avoid unnecessary spills of feed.
§ 23 Use of medicines, duty to post a notice, etc.
Special care shall be exercised when using medicinal products and disinfectants at fish farms not to
release these substances into the surrounding environment.
If aquaculture animals are being given medicinal products which entail a duty to withdraw them
(withdrawal time), notice of this shall be posted on a sign which must be placed beside the licence
number sign. The sign shall be painted in "warning yellow" no. 101 (Norwegian Standard 4054) with
black lettering and the following wording: MEDISINERING PÅGÅR (medication in progress). In other
respects, the sizes specified in Section 4, third paragraph, third to last sentence, apply. The duty to post a
notice applies from the commencement of medication until the expiry of the withdrawal time for the
medicine that is being used.
§ 24 Controlling the fish farm's environmental impact on the site
It is the responsibility of the licence holder to see that all sites in use are being operated in an
environmentally acceptable way.
§ 25 Prevention and limitation of measures in the event of escape etc.
1. (Contingency plan)
The holder of a licence to breed salmon and trout in the sea must have an up-to-date contingency
plan for all sites in use with a view to how future escapes can be limited and how recovery can be carried
out most effectively.
The contingency plan must also include safety precautions for the towing of sea cages and for the
handling of fish during loading and unloading.
2. (Duty to fish for monitoring purposes)
It is the responsibility of a holder of a licence to breed salmon and trout in the sea to see that
fishing is carried out for monitoring purposes during the period from 1 October until 30 April both
inclusive within a distance of 20 metres from the farm, with a view to detecting any escape of fish from
the farm. However, if operations clearly entailing an increased risk of escape are carried out outside this
period, escape monitoring shall be carried on until the operation is completed.
The duty to fish for monitoring purposes means throwing out two nets for each site, each net being
between 25 and 40 metres long and between 4 and 6 metres deep. The mesh width, cord thickness and
design must be suitable for catching the size of fish in the farm at any given time. The nets must not be
submerged. Insofar as this is possible, the nets must be tended daily. The equipment must be marked with
the farm's licence number.
When farmed fish are found to be or suspected of suffering from an infectious disease, the
Norwegian Animal Health Authority - the chief county veterinary officer, in consultation with the
Directorate of Fisheries' regional office and the county governor, may order escape monitoring or other
measures.
Out of consideration for wild fish or fishery interests, the Directorate of Fisheries' regional office
may for periods reduce the duty to monitor escapes for certain areas or for certain sites. A decision to
reduce this duty for the sake of wild anadromous salmonids can only be made in consultation with the
county governor.
If a holder of a licence to farm salmon and trout in the sea can prove that other, equally effective
methods for detecting escapes are being used, the Directorate of Fisheries' regional office may grant
complete exemption from the duty to fish for monitoring purposes.
3. (Duty to report escapes)
Licence holders have a duty to report immediately to the Directorate of Fisheries' regional office
for the district in question if fish escape or if a break out is suspected. The report shall be given
immediately by fax or by telephone. A report must also be submitted on the form issued for this purpose.
4. (Duty to recover escaped fish)
It is the responsibility of holders of licences to farm salmon and trout in the sea to recover fish that
have escaped from the farm. The duty to recover fish is limited to the immediate vicinity of the farm,
which is defined as the sea area up to 500 metres from the farm and no longer applies when it is obvious
that the escaped fish are no longer in the immediate vicinity.
If the possibilities of recapturing escaped fish so indicate, the Directorate of Fisheries' regional
office in consultation with the county governor may extend or limit the scope of the duty to recover fish
in time and geographic range.
When escaped fish are found to be or suspected of suffering from an infectious disease, the
Norwegian Animal Health Authority - chief county veterinary officer, in consultation with the Directorate
of Fisheries' regional office and the county governor, may extend the duty to recover escaped fish.
Both the start and finish of recovery fishing shall be reported to the Directorate of Fisheries'
regional office, the fishery protection authority and the county governor.
§26 Production lights
Production lights shall be positioned so that they do not have a blinding effect on ordinary traffic.
CHAPTER IV. GENERAL PROVISIONS
§ 27 Change in ownership
Any change in ownership shall be reported to the licensing authorities.
§ 28 Competence requirements
The licence holder and person responsible for the daily operation of fish farms must always have
the required professional qualifications to meet the standards of competence that are stipulated for the
type of licence in question.
§ 29 Coercive fines and penalties
Contravention of the provisions in these regulations is punishable by law, cf. Section 25 in the Act
relating to the breeding of fish, shellfish, etc. and Section 30 in the Act relating to measures to combat
disease in fish and other aquatic animals.
Coercive fees may be imposed for contravention of the provisions in these regulations, cf. Section
22 in the Act relating to the breeding of fish, shellfish, etc. and Regulations concerning coercive means
pursuant to Chapter IV in the Act relating to the breeding of fish, shellfish, etc. and Section 29 in Act
relating to measures to combat disease in fish and other aquatic animals.
§ 30 Withdrawal
A licence may be withdrawn if the licence holder has not established production corresponding to a
third of the permitted volume within three years after allocation.
A licence may be withdrawn if the production volume falls below a third of the permitted licence
volume and does not rise above this level again within two years.
Permission to operate on a particular site may be withdrawn if the degree of utilisation is less than a
third of the permitted volume for three years or more.
Permission to operate on a particular site may also be withdrawn in the event of a material breach
of the rules regarding type approval and/or if re-use after fallowing as stated in Section 23 is deemed to be
out of the question as a result of the environmental conditions at the site.
§ 31 Duty to tidy up
In the event of the permanent relocation or closure of a farm, the licence holder has a duty to
remove waste and farm equipment, including moorings and all other equipment on the sea bed. The
tidying up work shall be completed within six months after relocation or closure.
§ 32 The executive authority for the different provisions
It is the responsibility of the Norwegian Animal Health Authority - Central Administration, or
whosoever it empowers, to enforce the provisions in Sections 6, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19 first
paragraph third sentence, 20, 21, 25 subclause 2, third sentence, 25 subclause 4, third sentence and 29.
It is the responsibility of the Directorate of Fisheries, or whosoever it empowers, to enforce the
provisions in Sections 1, 3, 4, 5, 7, 8, 9, 12, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31.
§ 33 Dispensation
In special cases, the Norwegian Animal Health Authority - Central Administration, or whosoever it
empowers, may grant exemption from the provisions in Section 32, first paragraph, of these regulations.
In special cases, the Fisheries Directorate, or whosoever it empowers, may grant exemption from
the provisions in Section 32, second paragraph, of these regulations.
§ 34 Repeal of and amendments to regulations/provisions
The following regulations are repealed:
Regulations concerning the establishment and operation of fish farms, issued by the Ministry of Fisheries
on 9 August 1991.
Regulations concerning signs showing the fish farm's licence number and warning of use of medicinal
products in fish farms, issued by the Fisheries Directorate on 16 June 1993.
Interim regulations concerning the duty to keep records in connection with the operation of fish farms,
issued by the Directorate of Fisheries on 1 June 1994.
Sections 5, 6, 7, 8, 11, 13 and 14, third paragraph, in the regulations concerning the prevention,
control and eradication of diseases in aquatic organisms, issued by the Ministry of Agriculture on 4 July
1991, only apply insofar as the issue is not regulated by these regulations.
§ 35 Entry into force
These regulations enter into force on 1 January 1999.